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I'd like to gather other's thoughts & opinions regarding the perception of the following scenario and whether or not the appearance of general affiliation exists and whether or not there are any ethical concerns? Company A had an employee who left approximately 3 years ago to start his own company, Company B. Company B is in the same line of work as Company A; Company A & Company B employ two (2) of the same employees (both employees provide contract support to Company A, while both employees provide security administration support to Company B); While Company A has been approved to be a Mentor, a Mentor-Protege arrangement between Company A & Company B has yet to be finalized by the Government; Company B does receive approximately 70% of its income from Company A.
In the case of Veterans Technology, LLC and MDW Associates, LLC (MDW), small business size status was endangered by a high level of subcontracting with a small business. The SBA’s Office of Hearings and Appeals (“OHA”) applied a rule of thumb to disqualify an awardee as a small business. The Court of Federal Claims (COFC) intervened and reversed the determination. This case illustrates two important issues: (1) Size determinations are subject to SBA rules, and sometimes principles not in those rules that are adopted by SBA’s OHA. (2) If an adverse size determination leads to loss of a contract award, the COFC can review the decision, and if warranted, overturn it. Read the full article at Petrillo & Powell's Patterns of Procurement.